[Federal Register Volume 65, Number 238 (Monday, December 11, 2000)]
[Notices]
[Pages 77353-77354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31422]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP01-40-000]


Bitter Creek Pipelines, LLC; Notice of Petition for Declaratory 
Order

December 5, 2000.
    Take notice that on November 30, 2000, Bitter Creek Pipelines, LLC, 
(Bitter Creek), 1250 West Century Avenue, Bismarck, North Dakota 58503, 
filed a petition for declaratory order in Docket No. CP01-40-000, 
requesting that the Commission declare that certain field compressor 
stations located in Yuma and Logan Counties, Colorado, and Cheyenne 
County, Kansas to be acquired from Kinder Morgan Interstate Gas 
Transmission LLC (KM) would have the primary function of gathering of 
natural gas and would thereby be exempt from the Commission's 
jurisdiction pursuant to Section 1(b) of the Natural Gas Act (NGA), all 
as more fully set forth in the petition which is on file with the 
Commission and open to public inspection. This filing may be viewed on 
the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222).
    Bitter Creek states that it and KM have entered into a Compressor 
Purchase Agreement (Agreement), dated June 5, 2000, in which KM has 
agreed to sell and Bitter Creek has agreed to purchase 12 field 
compressor stations from KM. Bitter Creek states that these field 
compressors are situated at the intersection of KM's interstate 
pipeline and with various gathering facilities located in Yuma and 
Logan Counties, Colorado, and Cheyenne County, Kansas. Bitter Creek 
states that as part of the Agreement, KM has agreed to obtain 
abandonment authority from the Commission for these 12 field 
compressors and will report the abandonment of these facilities under 
Sec. 157.216 of the Commission's Regulations and KMs blanket authority.
    Bitter Creek states that after the acquisition of the facilities by 
Bitter Creek, the operation of the facilities will not change. Bitter 
Creek states that the primary function of the facilities will be 
gathering as the only gas being compressed through the facilities is 
local production from wells and gathering lines connected to the 
facilities. Bitter Creek states that no interruption, reduction, or 
termination of service to parties receiving service through these 
compressors has occurred since Bitter Creek began operating the field 
compressors effective June 1, 2000. No interruption is expected to 
occur upon Bitter Creek's acquisition of the facilities.
    Bitter Creek submits that, just as the Commission has determined in 
numerous prior proceedings involving the spin-off of pipeline 
facilities to third-party purchasers, the primary function of the 
facilities to be acquired in this proceeding is that of gathering, 
consistent with the criteria set forth in Farmland Industries, Inc. (23 
FERC para. 61,063 (1983), as modified in subsequent orders, thus 
qualifying them as exempt gathering facilities under the NGA.
    Any questions concerning this application may be directed to Bitter 
Creek's counsel, Robert T. Hall, III, of Thelen Reid & Priest LLP, at 
(202) 508-4000.
    Any person desiring to be heard or to protest with reference to 
said petition should on or before December 26, 2000, file with the 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, a motion to intervene or a protest in accordance 
with the requirements of the Commission's Rules of Practice and 
Procedure (18 CFR 385.211 or 385.214) and the regulations under the 
Natural Gas Act (18 CFR 157.10). All protests filed with the Commission 
will be considered by it in determining the appropriate action to be 
taken but will not serve to make the protestants parties to the 
proceeding. The Commission's rules require that protectors provide 
copies of of their protests to the party or parties directly involved. 
Any person to become a party to a proceeding or to participate as a 
party in any hearing therein must file a motion to intervene in 
accordance with the Commission's rules. Comments and protests may be 
filed electronically via the internet in lieu of paper. See, 18 CFR 
385.200(a)(1)(iii) and the instructions on the Commission's web site at 
http://www.ferc.fed.us/efi/doorbell.htm.
    Take further notice that, pursuant to the authority contained in 
and subject to jurisdiction conferred upon the

[[Page 77354]]

Commission by Sections 7 and 15 of the NGA and the Commission's Rules 
of Practice and Procedure, a hearing will be held without further 
notice before the Commission or its designee on this application if no 
motion to intervene is filed within the time required herein, if the 
Commission on its own review of the matter finds that a grant of the 
certificate is required by the public convenience and necessity. If a 
motion for leave to intervene is timely filed, or if the Commission on 
its own motion believes that a formal hearing is required, further 
notice of such hearing will be duly given.
    Under the procedure herein provided for, unless otherwise advised, 
it will be unnecessary for Bitter Creek to appear or be represented at 
the hearing.

David P. Boergers,
Secretary.
[FR Doc. 00-31422 Filed 12-8-00; 8:45 am]
BILLING CODE 6717-01-M